The federal Cabinet recently agreed on a legal framework for the monitoring and control of the employment of foreign nationals. We investigate further.

The Cabinet agreed at the end of April several measures relating to e-government in social security.

The measures involve initiatives aimed at modernising the governance of the Belgian social security system and the legal framework for monitoring and controlling the employment of foreign nationals.

Whereas Spain, Portugal, Greece en Finland opened up their labour markets to the employment of workers from the new EU member states on 1 May 2006, Belgium will maintain various restrictions.

However, the federal cabinet has approved a legal framework to establish a monitoring and control system for the employment of foreign nationals in a bid to prevent social fraud.

The cabinet had already decided to set up a monitoring and control system (LIMOSA) in December 2005.

The new system contains:

• An upfront mandatory declaration of each foreign employee in Belgium,
• An information exchange system between the different regions (competent for the application for work permits), the Ministry for Middle Classes (for professional cards) and the Interior Ministry (residence permits). The information will become available and exchangeable between the different authorities.
• A unique online system for the declaration of employees, work permits applications, professional cards, establishment permits and residence cards.

In this respect, the cabinet approved in April:

• Legislation relating to the mandatory declaration of foreign seconded employees and self-employed persons.
• A royal decree executing the law relating to the mandatory declaration of foreign seconded employees and self-employed persons.
• A royal decree relating to the keeping of certain social documents for seconded employees.

The first two have been submitted to the National Labour Council for assessment. All three will be lodged with the Council of State for advice.

10 May 2006

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga and can also be contacted via phone on 02 800 7000.

Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga.

[Copyright Laga and Expatica 2006]

Subject: Expat news